Fixtures and Fittings Explained for Property Buyers
Fixtures and fittings are the items included in a property sale. Fixtures are permanently attached to the property, while fittings are movable items the seller agrees to leave behind.
What Does Fixtures and Fittings Mean?
Fixtures are items permanently attached to a property, such as built-in wardrobes, ceiling lights, a hot water system, or a fixed clothesline. Fittings are items that are not permanently fixed but are conventionally included in a sale by agreement, such as curtains, a freestanding dishwasher, or a garden shed. The general rule buyers hear is that fixtures automatically transfer with the property, while fittings only transfer if the contract says they do.
Buyers usually meet this term when reading the schedule attached to the Contract of Sale, which lists inclusions and exclusions specifically. It also comes up again at the final pre-settlement inspection, when a buyer walks through the property to confirm everything listed is still there and in the condition it was in when the contract was signed.
The real-world implication is that the line between a fixture and a fitting is not always obvious, and assumptions cause problems. A wall-mounted television bracket, a garden statue bolted to a paved area, or a light fitting the seller genuinely loves can all become points of disagreement if the contract does not spell them out clearly.
Why This Matters for Buyers
The inclusions list in a contract is one of the few parts of a property purchase a buyer has real control over before signing. Once the contract is exchanged, what is and is not included is largely locked in, so this is the point to raise questions, not after settlement when the seller has already moved out.
Disputes over fixtures and fittings tend to surface at the worst possible time, during the final inspection just before settlement, when there is little time left to negotiate and a buyer does not want to delay settlement over a dishwasher or a light fitting. Being clear upfront avoids that pressure.
There is also a cost dimension. A property advertised as fully furnished, or one where photos show curtains, blinds, a shed, or outdoor furniture, may not actually include any of it unless the contract says so. Buyers who assume these items are included can end up needing to purchase replacements shortly after moving in.
Finally, this is an area where buyers have negotiating leverage that is often overlooked. Asking a seller to leave a garden shed, a wall-mounted TV bracket, or curtains as part of the deal costs the seller little if they were not planning to take them anyway, but it can save the buyer real money and hassle.
Common Mistakes Buyers Make
Most disputes over fixtures and fittings come down to assumptions rather than bad faith. These are the mistakes that come up most often.
- Assuming display items are included — curtains, blinds, or outdoor furniture shown in listing photos are not automatically part of the sale unless specified.
- Not itemising verbal agreements — a seller's agent saying "the shed can stay" means nothing unless it is written into the contract.
- Skipping the final inspection — this is the buyer's last chance to confirm inclusions are still present before settlement.
- Confusing owner-installed extras with standard fixtures — items like wall-mounted heaters, garden lighting, or built-in shelving may have been added informally and are not always treated as fixtures by default.
- Raising disputes too late — waiting until after settlement to query a missing item leaves the buyer with little practical recourse.
How This Shows Up in the Illawarra
Older coastal and escarpment homes across the Illawarra, particularly in suburbs like Thirroul, Austinmer, and parts of Wollongong, often have additions made informally by previous owners over the years — garden sheds, timber decking, built-in outdoor seating, or ceiling fans installed without much documentation. Because these additions were not part of the original build, whether they count as inclusions can be genuinely unclear unless the contract addresses them directly.
In the unit and townhouse market, split systems, dishwashers, and window coverings are common sticking points, since these are often fittings rather than fixtures and can be removed by a seller who assumes they are personal property.
Because private treaty sales dominate much of the Illawarra market, there is often more room to negotiate inclusions directly with the seller before exchange than in a fast-moving auction process, and buyers who use that window tend to avoid disputes later.
Practical Takeaway
Before signing a contract, read the inclusions and exclusions schedule carefully and compare it against what was shown in the listing and what was seen at inspections. If something matters to you — a shed, curtains, a particular light fitting — ask for it to be added in writing rather than relying on a verbal assurance from the agent.
At the final pre-settlement inspection, physically check that everything listed as included is still present and in the same condition as when the contract was signed. Photograph anything you are unsure about.
In plain terms: don't assume, get it in writing, and check again before settlement. A five-minute conversation before exchange is far easier than a dispute after you've already paid your deposit.
Frequently Asked Questions
What is the difference between a fixture and a fitting?
A fixture is permanently attached to the property, like a built-in wardrobe or a fixed hot water system. A fitting is a movable item, like curtains or a freestanding dishwasher, that only transfers with the property if the contract says so.
When does this come up in a purchase?
It appears in the inclusions and exclusions schedule of the Contract of Sale, and again at the final pre-settlement inspection when the buyer confirms everything listed is still there.
Is this a risky part of buying a property?
It's low-risk if handled properly, but disputes over missing items are a common and avoidable source of stress right before settlement.
Can inclusions be negotiated?
Yes. Buyers can ask sellers to include specific items, such as a garden shed or curtains, before the contract is signed. Once exchanged, changes are much harder to make.
Should first home buyers pay attention to this?
Yes, particularly if budget is tight. Assuming an item is included and then needing to buy a replacement soon after moving in is an avoidable extra cost.
Does this affect settlement timing?
It can. A dispute discovered at the final inspection can create last-minute tension, though it rarely delays settlement itself if handled calmly and early.
How does this relate to the NSW buying process?
The inclusions and exclusions schedule is a standard part of the NSW Contract of Sale, and buyers should review it as carefully as the price and settlement terms.
Does a buyers agent help with this?
Yes. A buyers agent can flag ambiguous inclusions before exchange, suggest specific items to request in writing, and attend the final inspection to confirm everything matches the contract.
If you want a second set of eyes on what's actually included in a contract before you sign, we're happy to talk it through. Reach out any time before you commit to a purchase.
